CHAPTER 130: OFFENSES AGAINST MUNICIPAL REGULATIONS
Section
   130.01   Curfew for minors
   130.02   Damaging public property
   130.03   Limited use of firearms
   130.04   Discharge of dangerous instrumentality
   130.05   Hunting prohibited on property owned by the city
Concealed Deadly Weapons
   130.15   Definitions
   130.16   Prohibitions
   130.17   Exemptions
   130.18   Posting of signs
   130.19   Violations
 
   130.99   Penalty
§ 130.01 CURFEW FOR MINORS.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALLOW. Either permit or neglect to prevent. It requires actual or constructive knowledge on the part of the parent or guardian, that is, the parent or guardian must actually know about the minor violating this section, or the circumstances must be such that a reasonably prudent parent or guardian should have known the minor was violating this subchapter.
      MINOR. Any person under the age of 18, or as may be otherwise phrased, any person of the age of 17 or under.
      PARENT. Any person having legal custody of a minor:
         (a)   As a natural or adoptive parent;
         (b)   As a legal guardian;
         (c)   As a person who stands in loco parentis; or
         (d)   As a person whom legal custody has been given by order of court.
      REMAIN. To stay behind, tarry, linger, congregate, move about, wander, stroll, or stay unnecessarily upon or in any public assembly, building, place, street, or highway.
   (B)   Hours of curfew.
      (1)   It shall be unlawful for any person under the age of 18 to be or remain in or upon any public assembly, building, place, street, or highway within the City of Hillview at night during the following periods:
         (a)   12:01 a.m. to 6:00 a.m. Saturday;
         (b)   12:01 a.m. to 6:00 a.m. Sunday;
         (c)   11:00 p.m. Sunday to 6:00 a.m. Monday;
         (d)   11:00 p.m. Monday to 6:00 a.m. Tuesday;
         (e)   11:00 p.m. Tuesday to 6:00 a.m. Wednesday;
         (f)   11:00 p.m. Wednesday to 6:00 a.m. Thursday; and
         (g)   11:00 p.m. Thursday to 6:00 a.m. Friday.
      (2)   It shall be unlawful for any parent or guardian having legal custody of a minor to allow such minor to be or remain in or upon a public assembly, building, place, street, or highway in the City of Hillview under circumstances not constituting an exception as enumerated in division (C) of this section during the time periods contained in division (B)(1) of this section.
   (C)   Exceptions. In the following exceptional cases a minor in or upon any public assembly, building, place, street, or highway in the City of Hillview during the nocturnal hours provided for in division (B) of this section shall not be considered in violation of this section.
      (1)   When the minor is accompanied by a parent or guardian;
      (2)   When accompanied by an adult authorized by a parent or guardian of such minor;
      (3)   When exercising first amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly, provided that written notice signed by the minor and countersigned by a parent is in the possession of such minor specifying when, where, and in what manner said minor will be exercising such First Amendment rights;
      (4)   In case of reasonable necessity but only after such minor's parent has communicated to the division of police the facts establishing such reasonable necessity;
      (5)   When the minor is on the sidewalk contiguous to the place where such minor resides, or on the sidewalk contiguous to a next-door neighbor who has not communicated an objection to a police officer or the division of police;
      (6)   When returning home, by a direct route from, and within one hour of the termination of, a school activity, or any activity of a religious or other voluntary association, provided that justification indicating the place and time of termination of said event can be given to any investigating officer of the division of police;
      (7)   When authorized by regulation issued by the Mayor in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis. Such regulation shall be issued sufficiently in advance to permit publicity through news media and through other agencies such as the schools. The regulation shall define the activity, the scope of the use of the public assembly, building, place, street, or highway permitted, and the period of time involved not to extend more than one hour beyond the time for termination of the activity, and the reason for finding that such regulation is reasonably necessary. The Mayor shall notify the division of police of the information;
      (8)   When engaged in a business or occupation which the laws of Kentucky authorize a person under 18 years of age to perform;
      (9)   When the minor is, with parental consent, in a motor vehicle with a lawfully authorized driver;
      (10)   When the minor, who is a duly authorized and licensed driver, is operating a motor vehicle within the City of Hillview for the purpose of passing through, by direct route, from one location to another either within or out of the County, including all minors that may also be within the vehicle;
      (11)   When the minor is married in accordance with law or had disability of nonage removed by a court of competent jurisdiction.
   (D)   Enforcement.
      (1)   A police officer upon finding or being notified of any minor in or upon any public assembly, building, place, street, or highway whose parent is believed to be in violation of division (B) of this section may stop and question such minor and request such information as his or her name and age and the name and address of his or her parent, guardian, or person having legal custody.
      (2)   If the police officer determines or has reasonable cause to believe that a curfew violation has occurred, the police officer may obtain from the minor the information necessary to issue a citation to the minor's parent, guardian, or person having legal custody.
      (3)   Any minor found in violation of division (B) of this section shall be:
         (a)   Directed to proceed immediately to his or her home; or
         (b)   Under the authority of KRS 630.030, may be taken into custody by any peace officer:
            1.   Pursuant to an order of the court for failure to appear before the Court for a previous status offense; or
            2.   If there are reasonable grounds to believe that the child has been an habitual runaway from his parent or person exercising custodial control or supervision of the child.
         (c)   With permission of the minor's parent, may be returned by the police officer to the parent. Permission to return a minor subsequent to a violation of division (B) of this section may be given telephonically to the police officer by a minor's parent. A parent may also grant prior permission to a law enforcement agency to return that parent's minor child or children to said parent, in the event the minor child or children are found in violation of section (B) of this section, by providing written authorization on a form to be provided by the City of Hillview. The City of Hillview shall endeavor to make such authorization forms available to all parents residing in the City of Hillview.
(Ord. 2012-16, passed 1-21-13)
§ 130.02 DAMAGING PUBLIC PROPERTY.
   No person shall mar, injure, destroy, or deface, or aid in injuring, destroying, or defacing in the city, any public property, including, but not limited to, traffic signs and street signs.
(Ord. 81-7, passed 2-16-81) Penalty, see § 130.99
§ 130.03 LIMITED USE OF FIREARMS.
   (A)   Definition. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      FIREARM means a rifle of any caliber, air rifle, shotgun of any gauge, pistol, or revolver of any caliber.
   (B)   Discharge near subdivision. No person shall discharge any firearm in any recorded subdivision in the city or within 100 yards thereof.
   (C)   Discharge near residence. No person shall discharge any firearm within 100 yards of any residence, building or public highway in the city.
   (D)   Rifle prohibition. No person shall discharge or cause the discharge of any rifle firearm larger than 22 caliber, whether pistol or shoulder stock, within the municipal limits of the city. A rifle firearm shall be construed as any firearm having a grooved barrel and upon discharge projecting a solid missile. A shotgun of ten-gauge, 12-gauge or 20-gauge, or 410-gauge having a rifled barrel for the discharge of shotgun slugs is not considered a rifle under this section.
   (E)   Exceptions.
      (1)   Unless otherwise indicated, the prohibitions of this section shall not pertain to:
         (a)   Law officers duly designated and authorized by the city, county, state or federal authority.
         (b)   Activities upon any bona fide target range, provided that the Bullitt County Joint Planning Commission or city must first issue, upon written application and within its discretionary power, a permit labeling such area as approved target range.
         (c)   Any property owner or occupant of a parcel of real estate fifty (50) acres or larger within the city may use and discharge any rifle, air rifle, shotgun, pistol or revolver upon the premises owned or occupied as aforesaid, even though such use and discharge is prohibited in subsection (C) of this section.
         (d)   Notwithstanding the provisions of subsection (B) of this section, an adult owner or adult occupant of any land within the city may, while on their own property and subject to all applicable state restrictions and regulations, discharge an air rifle or shotgun:
            1.   For the sole purpose of controlling rodents that are not protected species; or
            2.   For the purpose of controlling skunks, opossum and/or raccoons that:
               a.   Are causing damage; or
               b.   Are about to cause damage; or
               c.   May constitute a health hazard or other nuisance.
      (2)   No shotgun may be discharged by any person under this section while loaded with any slug or with any shot with a larger diameter than #6. The adult owner or adult occupant shall be responsible to ensure that the discharge from any air rifle or shotgun cannot end up onto any adjacent property.
   (F)   No hunting without permission. Hunting on lands within the city not listed in subsection (B) of this section is permitted by the owner or occupant of the land upon which he/she is hunting, provided such hunting is by use of shotgun or devices not prohibited in subsection (C) of this section, and further that the projection of shot shall not be above or into another's land or a traveled roadway.
   (G)   Parental responsibility. If a minor shall violate this section, his parent or guardian may be held responsible for such violation in the same manner as if such parent or guardian had violated this section, and ignorance of such violation shall not be a defense; prosecution of such parent or guardian shall not be a bar to prosecution of such minor.
(Ord. 2015-01, passed 3-16-15) Penalty, see § 130.99
Cross-reference:
   Hunting prohibited on property owned by the city, see § 130.05
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